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HENSEL PHELPS CONSTRUCTION CO. v. GENERAL SIGNAL CORP.

No. 71-1254.

460 F.2d 109 (1972)

HENSEL PHELPS CONSTRUCTION CO., a Colorado corporation, Aetna Casualty and Surety Company, a Connecticut corporation, Defendants-Appellants, v. GENERAL SIGNAL CORPORATION, a New York corporation, doing business as BIF, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

May 30, 1972.

Attorney(s) appearing for the Case

Walker D. Miller, of Miller, Ruyle, Steinmark & Shade, Greeley, Colo. (David J. Miller, Greeley, Colo., with him on the brief), for defendants-appellants.

Robert E. Benson, Denver, Colo. (Holland & Hart, Denver, Colo., of counsel, with him on the brief), for plaintiff-appellee.

Before MURRAH, SETH and BARRETT, Circuit Judges.

MURRAH, Circuit Judge.

This diversity suit arises out of the construction of a sewage treatment plant in Boulder, Colorado, for which Hensel Phelps Construction Company (a Colorado corporation) was the general contractor. Appellee, General Signal Corporation (a New York corporation doing business as BIF), furnished materials to E. K. Jenkins, Inc., a now bankrupt subcontractor. BIF never received payment for these materials which were incorporated into the finished...

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